PHOENIX OFFICE:
2910 N. 44th Street
Suite 100
Phoenix, Arizona 85018
www.azre.gov
STATE OF ARIZONA
DEPARTMENT OF REAL ESTATE
“An Equal Employment Opportunity Agency”
APPLICATION
FOR
TIME-SHARE PUBLIC REPORT
This application must be filed and Public Report issued pursuant to A.R.S.§ 32-2197 et
seq. prior to the sale or lease of time-share estates or uses as defined in A.R.S.§ 32-2197,
unless an exemption has been issued pursuant to A.R.S.§ 32-2197.13. Division Director
Roy Tanney, his Deputy, or any Real Estate Representative located in the Phoenix or
Tucson Office may be contacted for assistance.
Persons with disabilities may request reasonable accommodations such as
interpreters, alternative formats or assistance with physical accessibility. Requests
for accommodations must be made with 72 hours prior notice. If you require special
accommodation, please contact either office listed above.
SECTION I
INSTRUCTIONS AND GENERAL INFORMATION
1.
Read and understand this section thoroughly prior to compiling the required
documents in Section II and answering the questions in Section III of this application.
2. Secure all the required documents listed in Section II of this application.
3. Answer all questions in Section III of this application.
4. File this application, together with the required documents, at either office of
Department of Real Estate. A fee of $20.00 per time-share interval interest to a
maximum of $1,000.00 must accompany this application pursuant to A.R.S. §322197.05
This application will not be accepted for initial processing unless Section III has
been completed and payment of the fee received.
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5. One or more site inspections of the project may be performed by the Department to
verify, among other things, timely completion of improvements. Inspection costs,
including travel and subsistence expenses, shall be paid by the applicant pursuant to
A.R.S. § 32-2197.05.
6. Payment of all fees related to this application must be by check made payable to the
Arizona Department of Real Estate.
7. The developer (applicant), who plans to offer twelve (12) or more timeshare interval
estates in one timeshare project for sale, use or lease, must complete and file this
application and obtain a public report prior to making offers for sale. Upon issuance of
the public report, you will be provided with a public report receipt form which must be
used. The developer must furnish each prospective customer with a copy and get a
receipt for it before the purchaser signs a contract.
8. The applicant for public report must have a sufficient recorded interest in the project.
The Department will examine the applicant’s interest in the project for sufficiency.
Additionally, that interest must be reflected in a policy of title insurance, title report or
equivalent.
9. For the purpose of this application only, the following terms are defined as follows:
(a) Facilities - Any improvement offered by the applicant including, but not limited
to, streets, electricity, telephone, natural gas, water, sewers, flood protection and
drainage devices, landscaping, perimeter walls, parking facilities, swimming
pools, tennis courts, ramadas, clubhouses, parks and lakes.
A facility will be deemed offered if it is represented as available or as a planned
or future part of the project by the applicant, any person working for the
applicant, any marketing or advertising materials, or any other documents or
materials used in representing the project to prospective customers.
(b) Completion Date - The date by which applicant will have completed installation
of facilities to federal, state, county, or city standards, where applicable.
(c) Completion - The installation of working or usable facilities to each individual
building site, dwelling unit and common area facility as applicable.
10. Upon review of this application, additional information and/or documentation may be
required. Failure to completely answer all questions and submit all documents
pertaining to the time-share project will delay processing of the application.
11. Pursuant to A.R.S.§ 32-2197.03, a change to the time-share project or the plan under
which it is to be offered for sale, lease or use may invalidate the public report and
require application for and issuance of an amended public report. Continuing sales or
offers for sale after any change without notifying the Department and obtaining an
amended public report or an exemption may result in administrative action. This may
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include, but is not limited to, suspended sales, voidable contract(s) and/or
administrative penalties.
12. The applicant for public report may submit as part of the application a prepared public
report on diskette, in accordance with the procedures shown on Exhibit B.
13. If the public report contains an error, the Department shall correct the report at its own
expense. Additional or changed information that was known to the applicant before
issuance of the report is not an error. No public report shall be corrected after it has
been in effect for 10 days. After 10 days, the report shall only be changed through the
amendment process, established in Rule R4-28-B1203.
14. The Department is required by law to process this application in accordance with
established time frames. The following is a description of the time frames and
procedures which the Department and applicant must comply with:
A. Overall time frame. The Department shall issue or deny a public report within the
overall time frame after receipt of the complete application. The overall time frame is
the total of the number of days provided in the administrative completeness review and
the substantive review.
Administrative Deficiency
Substantive Additional
Overall
Completeness Completion Completeness Information Time-frame
Review
Period
Review
Period
Original
Application
20
20
50
20
70
Amendment
10
10
10
10
20
B. Administrative completeness review.
1. The administrative completeness review time frame begins the date the
Department receives the application. The Department shall notify the applicant
in writing of deficiencies within the administrative completeness review time
frame. The notice shall specify what information is missing. If the Department
does not provide notice to the applicant, the application shall be deemed
administratively complete.
2. An applicant with an incomplete application shall supply the missing
information within the completion period shown in the above table. The
administrative completeness review time frame is suspended from the date of
the Department’s deficiency notice until the Department receives the
information.
3. An applicant shall not supply missing information “piece-meal”. The receipt of
any missing information will be interpreted as the applicant’s response to the
Department’s deficiency notice and the Department will resume processing the
application.
4. If the applicant fails to submit all of the missing information before the
completion deadline, the Department will close the file. An applicant whose
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file has been closed and who later wishes to obtain a public report shall submit
a new application.
C. Substantive review. The substantive review time frames shown in the above table
begin the day after the application is deemed administratively complete.
1. The Department may schedule an inspection.
2. If the Department makes a comprehensive written request for additional
information, the applicant shall submit the additional information identified by
the request within the additional time period shown in the above table. The
substantive review time frame is suspended from the date of the Department’s
request until the Department receives the information. If the applicant fails to
provide the information identified in the request, the Department shall deem
the application withdrawn and close the file.
3. An applicant shall not supply the requested additional information “piecemeal”. The receipt of any requested information will be interpreted as the
applicant’s response to the Department’s request for additional information and
the Department will resume processing the application.
4. Unless the file has been closed because the application was incomplete, the
Department shall issue a written notice granting or denying the public report
within the substantive review time frame. If the application is denied, the
Department shall send the applicant written notice explaining the reason for the
denial, the applicant’s right to seek a fair hearing and the time period and
manner in which the applicant may appeal the denial.
D. Application filing. All development applications filed with the Department shall be
considered filed on the date received by the Department.
E. Computation of time. In computing any period of time, the day of the act from which
the designated period of time begins to run shall not be included. The last day of the
period shall be included unless it is Saturday, Sunday or a legal holiday in which event
the period runs until the end of the next day which is neither Saturday, Sunday nor a
legal holiday.
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SECTION II
REQUIRED DOCUMENTS
THE FOLLOWING DOCUMENTS MUST ACCOMPANY THIS APPLICATION AND
SHALL CONSTITUTE A PART THEREOF.
1. A legible copy of the recorded time-share project map no larger than 11” x 17”
showing book, page and date of recording and approval by county or city, as
applicable.
2. Policy of Title Insurance or Title Report which is a true statement of the condition of
title to the land issued after recordation of the map and declaration of dedication and
dated no than 30 days prior to receipt by the Department. The policy or report must
include the statement that “there are no further matters of record affecting the land”
and must include the name and telephone number of the title examiner.
Updated title reports may be required during the process of this application. Reports
listing requirements may be rejected and updates required.
3. A legible copy of all recorded or unrecorded documents shown in the title report/
policy affecting the condition of title including, but not limited to, all options,
contracts of purchase, liens, encumbrances and trust agreements. Documents, which
show applicant’s ability to deliver title to each interval sold free of the effect of the
aforementioned documents, if not shown within, said documents.
4. If the land is located within an Arizona Groundwater Active Management Area
(AMA), a certificate of assured water supply from the Arizona Department of Water
Resources (DWR) or written commitment of water service from the city, town or
private water company which has been designated by DWR as having an assured water
supply. If the time-share project is located outside of an AMA or outside of Arizona,
provide proof that an adequate water supply exists.
5. If the land has enrolled as Member Land of the Central Arizona Groundwater
Replenishment District (CAGRD) pursuant to A.R.S. §48-3774, notice executed on
behalf of CAGRD confirming that all necessary fees relating to that enrollment have
been paid. The CAGRD has a notice form that will be used to satisfy this
requirement.
6. A copy of the Contract for Purchase, Lease or Use to be used, describing conditions of
sale or lease and type of deed, lease or other conveying document to be used to convey
property to purchaser. All agreements and contracts shall contain substantially the
following language in large or bold print above the signature portion of such
document: “THE PURCHASER SHALL BE GIVEN A COPY OF THE PUBLIC
REPORT BEFORE SIGNING THIS DOCUMENT.” See Exhibit “A” to this
application entitled Contract Disclosures. Your contract may need additional
disclosures, including rescission rights, as set forth in Exhibit “A”.
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7. Recorded Declaration of Dedication of the project.
8. A copy of the provisions, if any, limiting the use or occupancy of the property, any
restrictive covenants affecting all or part of the project. (Copies of recorded
development restrictions, declaration of timeshare, recorded deed restrictions, contract
restrictions or other restrictions.)
9. If the project is a condominium, submit all documents creating the condominium in
addition to an attorney’s opinion letter asserting compliance with A.R.S. §33-1201, et
seq.
10. Documents demonstrating legal and permanent access.
11. Approval from the Arizona Department of Environmental Quality or its designee.
12. A letter from a professional engineer detailing the effect of any flood zone designation
or flood plain location, flood and drainage conditions, any apparent hazards, effect of a
100-year frequency storm and if flood insurance is required. The engineer’s
professional seal must be affixed and legible on the letter.
13. If applicant is a trust beneficiary, limited liability company, partnership or joint venture,
a copy of the legal documents creating same (partnership/joint venture agreement, trust
agreement, articles of organization, operating agreement, other). Limited partnerships
must provide evidence of registration with the Arizona Secretary of State’s Office.
14. A Certificate of Good Standing issued by the Arizona Corporation Commission for
each corporation (foreign or domestic) participating in this application as a principal,
general partner, or joint venturer owning 10 percent or more. The date on the
Certificate shall not be more than 1 year from the date of the application.
15. Authorization for any individual(s) signing on behalf of a corporation, limited liability
company, partnership or owner (corporate resolution, partnership agreement, power-ofattorney, operating agreement or other), authorizing the signing of documents and
correspondence related to this application.
16. A copy of the Articles of Incorporation and Bylaws for the property owner’s association
listed in Section III, Question 21 of this application. The Articles and Bylaws must
show that the association(s) is formed.
17. A copy of documents, agreements or statements demonstrating that adequate financial
or other arrangements acceptable to the Commissioner have been made for installation,
completion and delivery of all improvements and facilities represented in this
application.
18. Management Agreement, if the project is or will be managed by someone other than
the applicant.
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19. Contracts and promotional material pertaining to time-share exchange programs.
20. If the project is located outside of Arizona, a copy of the domicile state’s or country’s
public report, equivalent report or other approval document.
21. If applicant(s) is a person, complete the information requested on Exhibit “B” and
submit it with this application.
22. A complete disclosure as to the operating costs of the time-share program, including
all of the variable costs of operation, management and reserves and method of
assessment, including evidence of financial arrangements which provide for the
developer’s guarantee of payment of assessment on unsold interest, or if the developer
is not paying such costs, the effect such non-payment will have on operating costs.
23. If you answer “yes” to the question in the application which asks if you have been
convicted of any misdemeanor, felony, or other crime, you must supply the following,
pursuant to A.A.C. R4-28-301(A):
a. A written statement from you (subscribed and sworn before a Notary Public)
providing an account of the part you played when each incident occurred.
b. Three current letters of character references from individuals, 18 years or older, not
related by blood or marriage and who have known you for at least one year.
c. A 10-year work history, including any periods of unemployment.
d. A new set of fingerprint exemplars and our fingerprint-processing fee of $24.00,
pursuant to A.R.S. 32-2108.01. Please make your check payable to the Arizona
Department of Real Estate. FINGERPRINT CARDS ARE AVAILABLE FROM
THE DEPARTMENT’S CUSTOMER SERVICE DIVISION and most county
Sheriff Offices and City Police Departments.
In addition to the above and as applicable, you must supply a certified copy of the
following:
e.
f.
g.
h.
i.
j.
k.
l.
m.
Police Report
Complaint and Indictment
Information
Pre-sentence Report
Judgment
Sentencing documents
Plea Agreement
Probation papers
Restoration of civil rights/expungement/dismissal documents.
If you attempt to obtain the required documents from a law-enforcement agency or
court and are told that records have been destroyed or are otherwise unavailable,
obtain a written statement to that effect from the agency or court. Do not detach or
unstaple certified documents. Documents must remain in the original order
received.
IF THE ABOVE REQUIRED INFORMATION HAS PREVIOUSLY BEEN PROVIDED THE
DEPARTMENT, PLEASE INDICATE THE DATE AND REASON IT WAS PROVIDED. YOU
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ARE NOT REQUIRED TO PROVIDE THIS INFORMATION AGAIN, IF IT IS ON FILE AT THE
DEPARTMENT.
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SECTION III
QUESTIONNAIRE
FAILURE TO ANSWER THE FOLLOWING QUESTIONS IN COMPLETE DETAIL
WILL DELAY THE PROCESSING OF THIS APPLICATION
1. APPLICANT (Developer):
(a) Name(s): __________________________________________________________
_________________________________________________________________
(b) Address: __________________________________________________________
__________________________________________________________________
(c) Telephone: ____________________________Fax: ________________________
ALL DEVELOPERS MAKING THIS APPLICATION FOR PUBLIC REPORT
MUST BE LISTED AND ARE REQUIRED TO EXECUTE THIS APPLICATION
AS THE APPLICANT
(d) If the applicant is other than an individual, such as a corporation, partnership,
limited liability company or trust:
i. Name the type of legal entity: _________________________________________
ii. Give name and address of all officers, general partners, members, trustees or other
persons who exercise control of the entity: _______________________________
__________________________________________________________________
__________________________________________________________________
iii. List the percentage interest of each person/entity owning a 10% interest or more
including any person owning 10% or more of any entity listed: _______________
___________________________________________________________________
iv. If the legal entity is a trust, list the beneficiaries holding 10% or more of the
beneficial interest (2nd Beneficiaries only, if a 2 Beneficiary Trust): __________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
From whom does Trustee accept instructions: _____________________________
(e)
Will anyone besides the owner(s) named above be executing any documents on
behalf of the owner in connection with this filing? Yes______ or No _______
If yes, submit the following:
i. A copy of the Power of Attorney.
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ii. A copy of the Delegation of Authority signed by the owner(s) indicating who
may sign on their behalf.
iii. Any individual signing on behalf of the corporation must submit a corporate
resolution authorizing that person to sign on behalf of the corporation.
(f) Each applicant for public report must answer the following questions. If the applicant
and/or any affiliate is not an individual but is an entity (e.g., a corporation, partnership,
limited liability company or trust), then answers must be provided by each of the
partners, officers, members, beneficiaries, managers or managerial employees of the
applicant, any individual or entity which exercises control over the applicant as defined
in A.R.S. §32-2101(17), and any individual or entity with a 10% or greater interest in
the applicant.
A detailed explanation must be provided for each affirmative answer. Provide any
documentation you believe appropriate to verify any yes answers and explanations.
Has the person or entity (applicant):
i. Have you been convicted of any felony, misdemeanor or other crime?
BEFORE ANSWERING, READ THE FOLLOWING STATEMENT: Even
though you may have entered into a plea bargain or pleaded “no contest,” or your
conviction has been vacated, pardoned, expunged, dismissed or appealed, OR your
civil rights have been restored, you are, nevertheless, required to answer “YES.”
However, you are not required to answer “YES” for minor traffic violations. DUI
is not a minor traffic violation. A.R.S. § 32-2108(C). YES • No • NOTE
REQUIRED DOCUMENT NO. 22, SECTION II OF THIS APPLICATION.
ii. EVER had any professional license or registration restricted, refused, denied,
suspended or revoked, or voluntarily surrendered any license during the course of
any investigation or disciplinary proceeding, or EVER had an administrative order
entered against the applicant, or EVER had any other disciplinary action taken
against any license, whether reprimand, censure, fine or other penalty, by any state,
federal or other regulatory agency? YES • No •
iii. EVER had any public report or registration to sell land (such as a subdivision, timeshare, cemetery or campground) denied or suspended? YES • No •
iv. EVER entered into any consent decree or a settlement, or had an injunction (either
temporary or permanent), suspension, order or judgment issued, which prohibited or
restricted the applicant from engaging in or continuing any professional practice?
YES • No •
v. EVER had any adverse judgment entered against the applicant by a court of
competent jurisdiction in this or any other state involving fraud, dishonesty or moral
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turpitude, or arising out of the conduct of any business in real estate, cemetery
property, time-share intervals or membership campgrounds? YES • No •
vi. EVER had any real estate or other recovery fund in Arizona, or any other state,
make a payment, which was charged against the applicant? YES • No •
vii. EVER participated in, operated or held an interest in any corporation, partnership or
limited liability company for which any of the above items i. through vi. would be
answered affirmatively? YES • No •
If information on any “yes” answer above was previously provided to the Department,
please indicate the date and reason it was provided. You are not required to provide
this information again if it is on file at the Department.
I affirm to the best of my knowledge the above answers and any other related
information provided herein are true, correct and applicable for all persons and
entities required to provide answers for Question No. 2(f).
DATED this ____________ day of ____________ , 20 _________
_________________________________________________________
(Printed name and signature of authorized party)
(g) If you have answered “yes” to any of the questions in 1(f)ii through vii above, attach a
separate signed notarized affidavit detailing the facts of each “yes” answer. Your
statement should include, but not be limited to:
Name(s), title, address(s), telephone number(s) of each person involved; dates,
locations, court name and address, law enforcement agency name and address,
administrative agency (specify federal, state or local) name and address, arrest
information, charge or indictment information, name of civil or administrative
allegations made, ultimate disposition of offense or case (include out-of-court
settlement) sentence imposed, probation or parole term, civil or bankruptcy case
number and all other information sufficient to provide a thorough explanation of your
“yes” response.
2. TIME-SHARE PROJECT(S):
(a) Name of time-share project(s), as shown in the Declaration of Dedication of the
project:_________________________________________________________
(i)
Name which will be used in marketing or promotional activity, if different
from above (aka): ___________________________________________
(b) Designate the number and type of units to be included in this application:
________ are 3 bedrooms of ________ square feet each
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________ are 2 bedrooms of ________ square feet each
________ are 1 bedroom of ________ square feet each
________ are studios
of ________ square feet each
________ are rooms
of ________ square feet each
(c) Designate the number of time-share intervals to be included in this application:
________________________________________________________________________
(d) Will your offer include lockouts? ________ If yes, designate the number of units as
well as a description of the lock-out offerings:________________________________
________________________________________________________________________
________________________________________________________________________
(e) Detail the number and duration of interests for each dwelling unit including
maintenance periods. For example 50 one-week interval interests and one two-week
maintenance period per unit, or other. __________________________________
(f) Provide a detailed description of the furnishings and other personal property to be
included in the time-share offering for each type of unit being offered: _____________
________________________________________________________________________
________________________________________________________________________
(g) Specify number of units within the entire time-share project(s): __________________
(h) Project Map recorded in ___________, records of ____________ County, State of.
_________________.
(i) Estimated completion date for construction of dwelling units: ____________________
Describe phasing plan, if applicable. ________________________________________
_____________________________________________________________________
3. TIME-SHARE USE:
(a) Will the sale of interval interests be evidenced by a recorded deed or by a right to use
other
than
fee
title?
Please
describe.
________________________________________
_____________________________________________________________________
(b) If interests are less than perpetuity, they are for a term of _________ years with
renewal periods of ______________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(c) Will the offering be fixed unit, fixed time; fixed unit, variable time; variable unit, fixed
time; variable unit, variable time; or other: __________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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4. PROJECT LOCATION(S):
(a) Exact street location, City, County and State: _________________________________
_____________________________________________________________________
(b) Best route for getting to the development including miles & direction from nearest
City or Town: _________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(c) Is the project located adjacent or near any property that may be considered a hazard or
nuisance which could adversely affect purchasers: __________________________
If yes, describe and give the distance and location: __________________________
___________________________________________________________________
___________________________________________________________________
(d) Provide the name, location and distance from the development of the nearest civilian
airport. ____________________________________________________________
___________________________________________________________________
5. NARRATIVE OF OFFERING:
Please provide a complete and comprehensive statement of the time-share offering that
includes a description of the total facility including the type and number of housing
structures, number of stories in each building, the common and public use areas and
any shared use facilities:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
6. UTILITIES:
Provide a statement of the availability of utilities, i.e. electricity, telephone, natural
gas, water and sewage disposal: ________________________________________
__________________________________________________________________
If incomplete, provide completion dates: ______________________________
__________________________________________________________________
7. ACCESS STREETS AND ROADS:
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(a) Are the exterior streets providing access to the development public or private:
_______________________________________________________________
(b) Who will be responsible for maintenance of the exterior streets: _____________
________________________________________________________________
(c) Estimated completion date for exterior streets: ___________________________
(d) Are the interior streets within the development public or private: ____________
________________________________________________________________
(e) Who will be responsible for maintenance of the interior streets: _____________
_______________________________________________________________
(f) Estimated completion date for interior streets: __________________________
8. COMMON AREA FACILITIES:
(a) State the nature and value of all common area facilities and recreational facilities to
be included in this offering: ________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(c) Who will be responsible for maintenance of the facilities: ___________________
_________________________________________________________________
(d) Estimated completion date: ___________________________________________
9. ASSURANCES FOR COMPLETION OF IMPROVEMENTS:
Pursuant to A.R.S.§ 32-2197.06, adequate financial or other arrangements acceptable
to the Commissioner are required to assure completion of the project including the
above described utilities, streets and common area facilities. Please describe what
assurance (s) have been established: ______________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
The following are examples of assurances which must be submitted and accepted
prior to issuance of the public report: Performance bonds, letters of credit from a
regulated bank or lending institution, irrevocable contracts backed by cash held in trust
or escrow or other arrangements which may be acceptable the Commissioner. See Rule
R4-28-A1211 for further assistance.
10. SHOPPING FACILITIES:
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_____________________________________________________________________
_____________________________________________________________________
11. PUBLIC TRANSPORTATION:
_____________________________________________________________________
_____________________________________________________________________
12. MEDICAL FACILITIES:
_____________________________________________________________________
_____________________________________________________________________
13. FIRE PROTECTION:
_____________________________________________________________________
_____________________________________________________________________
14. AMBULANCE SERVICE:
_____________________________________________________________________
_____________________________________________________________________
15. POLICE SERVICE:
_____________________________________________________________________
_____________________________________________________________________
16. SALES:
(a) Describe how sales will be made and the manner by which title right or other
interest contracted for is to be conveyed to purchaser: ______________________
_________________________________________________________________
(b) Describe where purchaser’s deposit and earnest monies will be deposited and held
pending the expiration of the seven (7) day recession period and close of escrow
(type, name and address of depository): _________________________________
__________________________________________________________________
(c) Provide the name, address and telephone number of the Arizona Broker who will
be responsible for sales. If none, so state and explain why: __________________
__________________________________________________________________
__________________________________________________________________
(d) Location of development sales records. State of Arizona address at which records
will be kept, name of custodian and telephone number: _____________________
__________________________________________________________________
__________________________________________________________________
17. TITLE AND ENCUMBRANCES:
(a) Title to the property is vested with: ____________________________________
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_______________________________________________________________
(b) If title is not vested with the applicant, please describe applicant’s interest in the
property: ________________________________________________________
________________________________________________________________
(c) Are there any mortgages, deeds of trust, liens or other encumbrances recorded
against the property: ______________________________________________
If yes, list and describe arrangements for protecting the interest of the purchaser
or lessee in the event of a default. Further, describe arrangements for releasing
individual units and intervals from any blanket lien or encumbrance:
_______________________________________________________________
_______________________________________________________________
18. MANAGEMENT AND EXCHANGE NETWORK:
(a) The time-share project will be managed by: _______________________________
__________________________________________________________________
Provide copy of management agreement.
(b) Identify all exchange programs to be offered whereby a purchaser may exchange
occupancy rights. Provide copies of all contracts with exchange providers,
promotional and informational material relating thereto: ____________________
_________________________________________________________________
19. BUDGETS AND ASSESSMENTS:
(a) Describe the operating costs of the time-share program, including costs for
operation, management and reserves: __________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(b) Describe the provisions made for payment of all operating costs: ____________
_________________________________________________________________
_________________________________________________________________
The assessments are currently $___________ per _________ . Explain why this
sum is adequate to support the operation: _______________________________
_________________________________________________________________
_________________________________________________________________
(c) What charges will a purchaser be obligated to pay as the proportionate share of the
operating costs of the timeshare offering and of the project as a whole, including
the supporting facilities such as central heating and cooling, landscaping and other
common or public areas: ________________________
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_______________________________________________________________
(d) What financial arrangements exist for developer’s guarantee of payment of
assessments on unsold interests on dedicated units: _______________________
________________________________________________________________
(e) Will additional assessments be levied during occupancy of a time-share interval?__
If yes, please describe: ________________________________________________
__________________________________________________________________
20. TAXES:
(a) How are the timeshare dwelling units assessed for the purpose of property taxation:
__________________________________________________________________
__________________________________________________________________
(b) Tax payments payable to _______________________________ in the amount of
$_________ per ________.
(c) Special district or, improvement district tax payable to ___________________ in
the amount of $ ________ per _____
(d) Has the property enrolled as a Member Land of the Central Arizona Groundwater
Replenishment District (CAGRD) pursuant to A.R.S. §48-3774? _____ If yes,
include notice from the CAGRD confirming payment of all fees. (CAGRD,
Telephone No. 623-869-2243)
(e) Other tax assessment(s): _____________________________________________
21. INTERVAL OWNERS ASSOCIATIONS:
(a) Name of Association: _______________________________________________
(b) Is the Association legally formed and operational: _________________________
(c) When and under what conditions, if any, will control of the association be turned
over to interval owners: _____________________________________________
_________________________________________________________________
(d) When and under what conditions, if any, will title to the common areas be
transferred to the association: _________________________________________
_________________________________________________________________
(e) Will all interval owners be required to be members of the Association: ________
(f) Are there any other owner’s associations in which owners will be members?_____
If yes, please explain. ________________________________________________
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__________________________________________________________________
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AFFIDAVIT OF APPLICANT
STATE OF_____________________
COUNTY OF___________________
RE:___________________________
PROJECT NAME
I hereby certify under penalty that the statements contained in this application constitute notice of
intention to sell or lease time-share intervals, and that the statements together with any documents
submitted herewith are full, true, complete and correct.
I further affirm and swear that I will not, over any period of time or by any means, dispose of or offer to
dispose of time-share intervals not contained in the public report, without first complying with the
provisions of A.R.S. § 32-2197 et seq., and that I will notify the Department of Real Estate of any change
to the information in this application.
I hereby represent that as the owner of the above mentioned project, I will not place or allow to be placed
any mortgages or liens on the property other than those already in existence as of this date, copies of which
have been furnished to the Arizona Department of Real Estate as a part of the application for the Public
Report, unless the Department is notified of the placement of any new mortgage or lien.
I further certify that, if this application has not been submitted on the standard form prepared by the
Arizona Department of Real Estate, applicant agrees that the Department may take any action deemed
necessary to ensure compliance with the time-share laws if, after issuing a public report, the Department
discovers errors, omissions or deficiencies in the application or public report based on the application. The
applicant further agrees to completely indemnify the Department, the State of Arizona, its agents and
employees from any and all liability caused, in whole or in part, by use of a nonstandard form.
I am duly authorized to prepare and am the person responsible for the content of this application and
accompanying public report.
____________________________
Date
______________________________________
Printed Name
____________________________
Name
______________________________________
Title or Office
This instrument subscribed to and sworn before me
this____________ day of ____________,20_____by
__________________________________, in witness
whereof I set my hand and official seal.
__________________________
Signature
___________________________
Notary Public
My Commission Expires: _______________________.
APPLICATION MUST BE SIGNED AND SWORN TO BEFORE A NOTARY PUBLIC BY
ALL DEVELOPERS PRIOR TO ISSUANCE OF THE PUBLIC REPORT
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EXHIBIT “A”
CONTRACT DISCLOSURES
A. Any agreement or contract for purchase, lease or use shall contain substantially the
following language in large or bold print above the signature portion of such
document.
THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF
THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT
BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.
B. Any agreement or contract for the purchase, lease or use of a time-share interval shall
contain substantially the following language in large or bold print above the signature
portion of such document:
THE PURCHASER OR LESSEE HAS THE LEGAL RIGHT TO RESCIND
(CANCEL) THIS AGREEMENT WITHOUT CAUSE OR REASON OF ANY KIND
AND TO THE RETURN OF ANY MONEY OR OTHER CONSIDERATION BY
SENDING OR DELIVERING WRITTEN NOTICE OF RESCISSION TO THE
SELLER OR LESSOR BY MIDNIGHT OF THE SEVENTH CALENDAR DAY
FOLLOWING THE DAY THE PURCHASER OR LESSEE EXECUTED THE
AGREEMENT.
An adequate opportunity to exercise the seven (7) day right of rescission shall be
provided by conspicuously disclosing the complete current name and address of seller
on the face of all agreements and contracts.
C. Any agreement or contract for sale, lease or use shall conspicuously disclose the nature
of the document at or near the top of the document.
D. Any agreement or contract for the purchase, lease or use of a time-share interval where
a down payment, earnest money deposit, or other advanced money, if any, is paid
directly to the seller and not placed in a neutral escrow depository shall conspicuously
disclose this fact within the document, and the purchaser shall sign or initial this
provision indicating approval in the space adjacent to or directly below the disclosure
in the purchase contract or agreement of sale. The following disclosure shall be
written in large or bold print and shall be included in the public report, purchase
contract, and agreement of sale:
“Prospective purchasers are advised that earnest money deposits, down payments
and other advanced money will not be placed in a neutral escrow. This money
will be paid directly to the seller and may be used by the seller”.
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EXHIBIT “B”
CONFIDENTIAL
1. A.R.S. § 25-502(F) STATES: “Each licensing board or agency that issues professional
licenses or certificates shall record the social security number of the licensee or
certificate holder in its data base in order to aid the Department of Economic Security
in locating non-custodial parents or the assets of the non-custodial parents.” You must
provide the Department of Real Estate with your social security number, however, the
number will not be disclosed to anyone other than a representative from another
government agency in the course of the representative’s official duties.
2. LEGAL NAME:_______________________________________________________
3. SOCIAL SECURITY NUMBER:_________________________________________
4. I DECLARE THAT THE INFORMATION IS TRUE AND CORRECT.
1. SIGNATURE OF LICENSEE:_______________________________DATE_______
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Notice to Applicant Pursuant to A.R.S. § 41-1030
An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifi cally
authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for
imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically
authorizes the requirement or condition.
This section may be enforced in a private civil action and relief may be awarded against the State. The court may award
reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action
against the state for a violation of this section.
A State employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary
action or dismissal pursuant to the Agency's adopted personnel policy.
This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02
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